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Leave Entitlement Policy


Leave Entitlement Policy

CONTENTS Section 1:

Annual Leave Procedure if Sick when on Annual Leave Employees Retirement Termination of Employment Public Holidays

Section 2:

Sick Leave Sick Pay Statutory Sick Pay (SSP) The Number of Days of Sickness Proper Notification to SALSC of Your Absence Proper Provision of Medical Certificates Long Term Sickness Absence Further Information

Section 3:

Special Leave Domestic Distress Time Off for Dependants Bereavement Moving House Court or Tribunal Services Other Circumstances

Section 4:

Maternity, Paternity and Adoption Leave

Section 5:

Maternity Specific Questions

Section 6:

Paternity Specific Questions

Section 7:

Adoption Specific Questions

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Leave Entitlement Policy

Section 8:

Parental Leave Policy

Appendices: Appendix A

Annual Holiday Entitlement – Application Form

Appendix B

Sickness Self Certification Form

Appendix C

General Questions for All Leave Types

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SECTION 1: ANNUAL LEAVE 1.1

An employee's leave year commences on 1st November each year.

1.2

For the current Annual Leave entitlement please see the contract of employment.

1.3 When the employee applies for annual leave, a leave request form must be sent to the Chair requesting approval for the dates listed. (See Appendix A) 1.4

A copy of the request and approval are kept on the employee‟s file to record the annual leave.

1.5 It is then the employee‟s responsibility to inform those at work and to make arrangements for the employee‟s work to be covered while away. 1.6 The authority for granting annual leave is the responsibility of the Chair. Employees are encouraged to take their full annual leave allowance. 1.7 Annual leave must never be taken without prior permission from the Chair. Periods of annual leave may commence on any day of the week. 1.8 A single period of leave should not normally exceed three weeks. Exceptionally, special requests for longer single periods may be made and will be given careful consideration. 1.9 Note: Employees may not carry forward any annual leave to the next holiday year unless in exceptional circumstances and agreed in writing with the Chair. 1.10 Employees leaving SALSC will be required to refund from their final salary an amount equivalent to the number of excess annual leave days they have taken, if it is over the entitlement accrued. This will be by way of a deduction from final salary payment. Leave accrued to leaving date will normally be paid as part of the final salary. Procedure if Sick when on Annual Leave 1.11 Annual leave should not be taken as an alternative to sick leave. Employees might, however, fall sick whilst on annual leave. As soon as an employee becomes aware that an illness or accident will seriously interrupt their booked period of annual leave they should take action to inform the Chair of the fact not later than the fourth day of illness. 1.12 A medical statement completed by either a GP or Hospital Doctor should be forwarded to the Chair as soon as practicable. A "serious interruption" is classed as four or more days of continuous illness at which point, the absence will be considered to be sick leave rather than annual leave. Annual leave may not be taken immediately following a period of sick leave, unless a doctor's statement of fitness to return to work is provided. 1.13 Half a day's leave involves attendance at work for half of the total hours (excluding meal breaks), which would normally be worked that day. Employees Retirement 1.14 The annual leave entitlement an employee who resigns or retires during the course of their leave year is calculated as 1/12 of the appropriate annual leave allowance for each complete month Page 4 of 30 Ratified at 06/04/10 Board Meeting


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worked. E.g. should a cash payment be made in lieu of untaken annual leave this will not be regarded as pensionable salary and service will reckon only up to the last day at work for pension purposes. 1.15 As a last day of service is usually determined in advance of employees retiring, arrangements should be made to take any annual leave due to them prior to the retirement date. Payment for outstanding leave can only be made in exceptional circumstances where work commitments have prevented the employee from taking leave. Termination Of Employment 1.16 Employees under notice of dismissal are required to take all outstanding leave before the last day of service. Payment will be made for any remaining untaken accrued leave. Where employees are dismissed for serious misconduct, any outstanding payments for leave not taken will be made, however all rights relating to future leave will be forfeited. Employees who have any queries about their annual leave are encouraged to discuss them with the Chair. Public Holidays 1.17 SALSCâ€&#x;s recognition of public holidays is stipulated in the contract of employment. In cases where SALSC recognises public holidays employees cannot choose to work these days and add them to their annual leave unless it is agreed in advance with the Chair. Permission to do this will only be granted in cases where working the public holiday is unavoidable. Where SALSC requires an employee to work on a public holiday this will either be counted as TOIL, or as an additional annual leave day. This will be negotiated between the employee and the Chair.

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SECTION 2: SICK LEAVE Sick Pay 2.1 Employees are entitled to be paid for sickness absence if they follow SALSC procedure. They will be entitled to Statutory Sick Pay as well as occupational sick pay, which is set out below or in your Contract of Employment. Statutory Sick Pay (SSP) 2.2 All employers are obliged to pay SSP to all eligible employees for periods of absence of four days or more for a total of 28 weeks in one „Period of Incapacity for Workâ€&#x; (PIW). 2.3 Your entitlement to SSP depends on the following factors. Should employees not follow proper procedure, or not be earning sufficient wages, sick pay may be withheld: The Number of Days of Sickness 2.4 There is no entitlement to SSP for the first three days of absence however, you will be paid for these days unless there are any concerns about your level of sickness, the reason for your absence or if you have exhausted occupational sick pay. 2.5 If you have received 28 weeks sick pay and subsequently fall ill with the same condition this will be deemed to be a linked PIW and you may not qualify for sick pay. Proper Notification to SALSC of Your Absence 2.6 You must notify the Chair of your illness by telephone as soon as you know you are going to be absent from work. This should be by you personally making a telephone call. You should only ask someone to do this on your behalf if you are unable to do so. 2.7 You should explain the nature of the illness and an indication of the likely period of absence. If you are unable to speak to any managers, you should leave a message, without giving so much detail as to embarrass you though. 2.8 Ideally this would be prior to your usual starting time, if you are able to. This will help your Chair to cover your work. 2.9 However, to ensure your entitlement to sick pay is not lost, you must notify the Chair not later than hour after your expected start time, unless you are genuinely too ill to do so. Proper Provision of Medical Certificates 2.10 A Self Certification Form (See Appendix B) must be provided for the first seven (calendar) days of illness and a medical certificate provided thereafter. If the absence continues, a further medical certificate is required at the end of the initial certified period and thereafter. You must ensure that all absences are covered by consecutive medical certificates. 2.11 Medical certificates (and reports) are regarded as strictly confidential documents to the employee and Chair.

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2.12 SALSC will be sympathetic to cases of genuine sickness, illness or accident. Prolonged or persistent absence may require further enquiries in discussion with you and your doctor. You may be asked to give your permission for SALSC to approach your GP or any specialists you are seeing for a medical report. 2.13 You are legally entitled to decline to give your permission. However, you are encouraged to permit SALSC to approach your doctor for a report as this will assist SALSC to understand your illness and take any required action to accommodate your needs. 2.14 SALSC reserves the right to ask employees to submit to an independent medical examination where this is considered appropriate, the cost of which will be borne by SALSC. 2.15

Any occupational sick pay includes payment of SSP entitlement.

2.16 Employees should be aware that claiming sickness pay whilst not genuinely sick will be considered to be a serious disciplinary offence. If SALSC has any concerns about illness, particularly persistent short term absences, sick pay may only be paid upon production of a medical certificate even during the first week, which is usually the self-certification period. 2.17 Failure to comply with the above requirements or submission of false information may result in SALSC Sick Pay/SSP being withheld and/or disciplinary action being taken. Long Term Sickness Absence 2.18 If performance of duties is unsatisfactory because of frequent or continuous sick absence, suitability for continued employment will be examined together with the benefit of a medical opinion. 2.19 Where an employee has a disability, reasonable adjustments will be discussed with the employee, based on available medical advice. 2.20 Where there are no reasonable adjustments, it may be necessary to consider termination of employment if the employee is unlikely to be capable of working and there are no suitable alternative roles available. Further Information The Inland Revenue Website has extensive advice regarding Statutory Sick Leave. The Website is www.inlandrevenue.gov.uk

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SECTION 3: SPECIAL LEAVE 3.1 Permission may be given for a period of special leave, over and above annual leave, which may be granted before annual leave is exhausted, since the main purpose of annual leave is to give employees a break from work and a period of rest and recuperation. Special leave is not an entitlement, but the Chair will look at each application on its merits. 3.2

Applications for special leave are to be submitted to the Chair for approval.

3.3 Where appropriate, consideration will be given to the granting of special leave in cases where a stable relationship, rather than a marriage, exists. Domestic Distress 3.4 Permission may be granted to enable an employee to deal with short-term domestic problems or to make satisfactory longer-term arrangements for coping with them. Special leave with pay should not normally exceed five days, but special leave without pay may be granted for longer periods according to circumstances. Examples of domestic distress would include serious illness of a close relative or dependant (see Time Off for Dependants below), property damage, or crisis in child day care arrangements. Time Off for Dependants 3.5 An employee is entitled to take a reasonable amount of time off to help, or make care arrangements when a dependant requires urgent or emergency assistance. 3.6 A Dependant is classified as anyone who reasonably relies on the employee either for assistance or to make care arrangements in the event of illness or injury such as a spouse, a child, a parent, someone who lives in the same household (other than an employee, tenant, lodger or a boarder). It could also include partners or elderly relatives living with the family. 3.7 The employee must advise SALSC as soon as reasonably practicable and advise how long they expect to be absent, unless this is impossible 3.8

There is no qualifying period of service with the employer neither is there any age limitation.

Bereavement 3.9 Special leave with pay in cases of bereavement is given to employees that are making funeral or legal arrangements. This will normally apply only to close relatives i.e. parents of self or spouse, brothers or sisters of self or spouse or sons or daughters. Employees wishing to attend the funeral of a close relative will be given one day's special leave with pay. Employees wishing to attend the funeral of a distant relative, friend or acquaintance will be required to take annual leave. Moving House 3.10 Other than in cases of official transfer and resettlement, employees will not be granted special leave with pay, although unpaid special leave may be granted. Court or Tribunal Services

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3.11 Employees called upon to serve as a juror or a member of a tribunal or to appear in Court or in a Coroner's Court as a witness may be granted paid special leave for the whole of the period. Any travelling or subsistence allowance received from the Court may be retained, but compensation for loss of earnings should not be claimed from the Court nor can be accepted. Other Circumstances 3.12 Special leave, with or without pay, may be granted for other reasons not covered above. Employees who have any queries about special leave should discuss them with the Chair as a matter of guidance. 3.13 Employees should also note that any unpaid special leave might affect an individual's pension arrangements. Further advice on this is also available from the Chair.

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SECTION 4: MATERNITY, PATERNITY & ADOPTION LEAVE 4.1 This policy is designed to answer some of the questions you may have regarding your entitlement to Maternity, Paternity or Adoption leave and pay, and explain some of the options available to you both before and after the birth or placement of your child. Note that this policy refers to all types of Maternity, Paternity or Adoption leave unless specifically stated. 4.2 Although the Policy is designed to answer as many questions as possible, it is by no means exhaustive. If you wish to discuss any questions you may have that this policy does not cover, or clarify any of the information in relation to your own situation, speak with the CEO. We also recommend you review the following websites for further specific details: www.acas.gov.uk, http://www.direct.gov.uk/en/Parents/Workingparents/index.htm, and www.dti.gov.uk 4.3 Entitlement to all leave types and pay are fully explained, along with the qualifying criteria for each. These are based on the legislation that came into effect for babies born after 1 April 2007. 4.4 To ensure that you qualify for your entitlement to leave, pay & to return to work, there are specific actions that you must take at certain times & these are also detailed for you in this policy. Date Ready Reckoner Dates Within 7 days of receiving notification of placement for Adoption. From 9 months before your Expected Week of Childbirth onwards

Maternity

Paternity

As soon as possible, inform us that you are pregnant and the date your baby is due. Your decisions regarding the confidentiality of your pregnancy will be respected. 15 weeks before This is the all-important your EWC qualifying week for SMP payments. You must write to us at this stage informing us of the details of your pregnancy and your intentions regarding starting your maternity leave. 14 weeks before This is the earliest that your EWC your GP/midwife can issue your MATB1 form. You must give this form the CEO prior to going on maternity leave. 11 weeks before This is also the earliest

You must write to us at this stage informing us of your partnerâ€&#x;s pregnancy and your intentions regarding starting your Paternity Leave.

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Adoption You must write to us informing us of your intentions regarding starting your Adoption Leave.


Leave Entitlement Policy

that you can choose to start your maternity leave. You may start your maternity leave on any date from now until the birth. 4 weeks before If you are off sick with a your EWC pregnancy related illness between now & either the start your maternity leave or your baby‟s birth, your maternity leave will start automatically. Remember, it is your responsibility to show that your absence is not pregnancy related. Up to Expected Week of Childbirth or Placement

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your EWC

Expected week Your GP/midwife will of childbirth have told you when your baby is due when they confirmed your pregnancy. EWC weeks always run Sunday to Saturday. Birth or Congratulations placement of your baby 2 weeks after You may not return to the birth of your work during this period baby irrespective of when you started your maternity leave or your devotion to duty! It is compulsory to take the two weeks following the birth as maternity leave. 8 weeks after the birth of your baby or placement of your child

You can write to us again changing the date you intend to start your Paternity Leave as long as you give us 28 days notice.

You can write to us again changing the date you intend to start your Adoption Leave as long as you give us 28 days notice (unless this is not practicable).

Congratulations

Congratulations

You must take your two weeks of Paternity Leave by the 56th day after your baby is born or was due to be born, whichever is the later.

Your partner must take their 2 weeks of Adoption “Paternity” Leave by the 56th day after your child was placed or was due to be placed, whichever is the later.

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leave started 52 weeks after your maternity leave or adoption leave started

this is the latest that you can return to work. If your entitlement is to Additional Maternity Leave this is the latest that you can return to work.

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This is the latest you can return to work. If you wish to return to work before this date, you must give us 28 days notice of your intentions.

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SECTION 5: MATERNITY SPECIFIC QUESTIONS During Pregnancy 5.1 We recognise that some women prefer not to announce their pregnancy in the early stages and you can be assured that the details of your pregnancy will be treated as a matter of the strictest confidentiality. However, we do need to ensure your health, safety and welfare during your pregnancy and so key personnel, namely the Chair, should be made aware of your situation and wishes regarding confidentiality. Maternity Leave Entitlements – Length of Service Requirements 5.2 Effective 1 April 2007 there are no longer any length of service requirements for taking Maternity Leave. This means that all staff are eligible for Maternity leave regardless of length of service. ORDINARY MATERNITY LEAVE INFORMATION Who Qualifies? 5.3

All pregnant women, regardless of service, qualify for Ordinary Maternity leave.

How Long Does the Leave Last? 5.4

Ordinary Maternity Leave lasts for 26 weeks in total.

When Can it Start? 5.5

On any day from the 11th week before the EWC, as long as 28 daysâ€&#x; notice has been given.

5.6 Automatically if you are off sick with a pregnancy related illness in the four weeks before your EWC. (We would draw to your attention that in these circumstances it is your responsibility to show that the absence was not pregnancy related.) 5.7

Automatically on the birth of your baby.

When Does the Leave End? 5.8 Ordinary Maternity Leave will end no later than 26 weeks after the date it actually started. There is a compulsory leave period of two weeks after the birth of your baby. ADDITIONAL MATERNITY LEAVE INFORMATION Who Qualifies? 5.9 All women, regardless of their length of service qualify for the additional maternity leave of 26 weeks. How Long Does the Leave Last?

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5.10 Additional Maternity Leave is a combination of paid and unpaid leave: 26 weeks Ordinary Maternity leave and 26 weeks unpaid Additional Maternity leave (which commences after the completion of Ordinary Maternity leave). When Can it Start? 5.11

On completion of ordinary maternity leave.

When Does the Leave End? 5.12 Additional Maternity Leave will end no later than 52 weeks after the date Ordinary Maternity leave actually started. How do I ensure that I qualify for Ordinary Maternity Leave and Additional Maternity Leave? 5.13

You must write to SALSC 15 weeks before your EWC, stating that:

(a) You are pregnant; (b) Your EWC; and (c) The date you intend to start your maternity leave. 5.14 You can change your mind about the date you intend to start your maternity leave, but you must notify SALSC of the new date 28 days beforehand 5.15 You must give us medical evidence of the date your baby is due (MATB1 form) or born (birth certificate) 5.16 You must inform SALSC 28 days in advance of the date you intend to return to work, unless you are returning automatically at the end of the 26 week period for Ordinary or 52 weeks for Additional. What Will I be Paid? 5.17 From 1 April 2007 the period that Statutory Maternity leave is paid extends from 26 weeks to 39 weeks. 5.18 You have the right during your period of leave to benefit from all your normal terms and conditions of employment, with the exception of remuneration. This means that you will not be entitled to your full salary. Statutory Maternity Pay 5.19 pay.

If you qualify for Additional Maternity leave then you probably qualify for Statutory Maternity

5.20

To qualify for SMP, you must satisfy the following requirements:

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(b) You must have average weekly earnings of not less than the lower earnings limit for National Insurance purposes, applicable at the end of the 15th week before your EWC; (c) You must still be pregnant at the 11th week before the EWC or have had your baby by that time; (d) You must give us medical evidence of the date your baby is due (MATB1 form) or born (birth certificate); (e) You must have stopped working and have either given us 28 days notice of starting your maternity leave or, if that is not practical, as soon as reasonably possible. 5.21

SMP will be paid to you directly by SALSC.

5.22

There are two rates of Statutory Maternity Pay.

(a) The higher rate is 90% of your average weekly earnings and is paid for the first six weeks of the maternity pay period; (b) The lower rate is a set rate, which is reviewed each year and is paid for the remaining 33 weeks of the maternity pay period. The SMP rate changes at least annually. For the current rate check http://www.hmrc.gov.uk/employers/employee_pregnant.htm 5.23

If you do not qualify for SMP, details of Maternity Allowance payments are given below.

Maternity Allowance 5.24 Employees who qualify for ordinary maternity leave do not usually meet the criteria for SMP payments due to their length of service and so it is likely that SALSC will not pay you during your maternity leave period. However, you may be eligible to receive Maternity Allowance from the Benefits Agency. 5.25 If you do not have 26 weeks of continuous employment with SALSC at the qualifying week, you will still be entitled to up to 26 weeks of unpaid Maternity Leave and may be eligible to claim Maternity Allowance from the Department of Social Security/Benefits Agency. 5.26 To be eligible for this you must have paid at least 26 weeks of National Insurance contributions during the 66 weeks before your EWC. In order to claim this allowance, your MATB1 form will be returned to you, along with a completed SMP1 form stating that you are not eligible to receive maternity pay from SALSC. Maternity Allowance is payable for 26 weeks and the SMP rate changes at least annually. For the current rate check http://www.hmrc.gov.uk/employers/employee_pregnant.htm. Further details of how to claim can be obtained from your local Jobcentre Plus office or online at www.dwp.gov.uk Your Rights During Pregnancy and Beyond 5.27

Contractual benefits:

(a) During the maternity leave period the employee must continue to receive all her contractual benefits, except remuneration;

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(b) If a redundancy situation arises at any time during her maternity leave, an employee must be offered a suitable alternative vacancy, if one is available; (c) To take advantage of these rights the employee must give her employer proper notification as detailed in the sections on Ordinary Maternity Leave and Additional Maternity Leave. 5.28

Protection from dismissal and detriment:

(a) Employers must not discriminate directly or indirectly against an employee on the grounds of gender or marital status; (b) It is unlawful for an employer to dismiss an employee, or select her for redundancy in preference to other comparable employees, because she is pregnant; (c) It is unlawful for an employer to dismiss an employee, or select her for redundancy in preference to other comparable employees, because she has given birth to a child during her statutory maternity leave period; (d) An employee dismissed during pregnancy or statutory maternity leave is entitled to a written statement of the reasons, and does not have to request this statement; (e) These rights apply regardless of the employeeâ€&#x;s length of service. 5.29

The right to return to work

(a) An employee who resumes work after ordinary maternity leave is entitled to have the same job and terms and conditions as if she had not been absent; (b) An employee who returns to work after additional maternity leave is also entitled to have the same job and terms and conditions as if she had not been absent, unless; (c) A redundancy situation has arisen during the absence period; or (d) There is some other reason why it is not reasonably practicable to take her back in her original job; in which case she is generally entitled to be offered suitable alternative work; (e) It is unlawful for an employer to dismiss an employee, after she resumes work, on the grounds that she has taken or availed herself of the benefits of statutory maternity leave. General Health and Safety 5.30 If you have any pregnancy related concerns regarding Health and Safety at work, seek advice from the Chair or Sportscotland HR before undertaking the task that concerns you. 5.31 Remember, anyone who is pregnant must not lift, push or pull any objects that weigh 5kg or more. 5.32 Where there is uncertainty regarding what can and cannot be undertaken a Risk Assessment should be undertaken. A Risk Assessment form can be obtained from Sportscotlandâ€&#x;s Human Resource department.

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Where do I get a MATB1? 5.33 This form can be issued to you by your own GP, your practice midwife or a doctor or midwife at the hospital where you are booked in to have your baby. The earliest that a MATB1 can be issued is 14 weeks before your EWC. If the form is not given to you by the time you intend to start Maternity Leave, you must ask for it - you will not be able to receive any maternity pay without it! What if my Baby is Born Early or Late? 5.34

This does not affect your right to either maternity pay or leave.

What Happens if I am Off Sick Prior to my Maternity Leave? 5.35 You are eligible to receive sick pay up until the date you indicated to SALSC that you intended to start maternity leave or the birth of your baby. However, once you have passed the 4 th week before your EWC, sick pay will only be paid if you have shown that the illness is not due to your pregnancy. After this time, if the illness is pregnancy related, then your maternity leave will start automatically on the first day of illness, irrespective of when you may have indicated you intended to start maternity leave. What Happens in the Event of a Stillbirth? 5.36 If the baby is stillborn before the 25th week of pregnancy, (i.e. earlier than the 16 th week before the EWC) neither statutory nor additional maternity pay is payable. However, in this case, you may be entitled to sick leave and pay. 5.37 If the baby is stillborn after the 16th week before the EWC, your entitlement to maternity leave, pay and your right to return to work are unaffected.

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SECTION 6: PATERNITY SPECIFIC QUESTIONS Who Qualifies for Paternity Leave? 6.1

The statutory right to Paternity Leave applies to: (a) The child‟s biological father; (b) The person who has or expects to have responsibility for the child‟s upbringing and who is married to, or is the partner of, the child‟s mother. This right applies to same gender partners or one half of an adopting couple regardless of gender.

Length of Service Required 6.2 To qualify for Statutory Paternity Leave (SPL) you should be employed by SALSC for 26 weeks by the end of the 15th week before your partner‟s EWC (Expected Week of Childbirth). How Long Does the Leave Last? 6.3 Paternity Leave lasts for either 1 or 2 weeks in total. Leave must be taken in whole weeks to be eligible for Statutory Paternity pay When Can it be Taken? 6.4 Paternity Leave can be taken from the day of the birth or the following day (if the father was working on the day of the birth) or from the date previously notified in writing 6.5 Paternity Leave must be taken within 56 days of the child‟s birth or expected birth, whichever is later. 6.6 Paternity leave can start on any day of the week, but must be taken in blocks of not less than one week. Employees may not take their Paternity Leave entitlement as individual days What Will I be Paid? 6.7 All employees who meet the full criteria for eligibility to take Statutory Paternity Leave are entitled to receive Statutory Paternity Pay. The rate changes at least annually. For the current rate check http://www.hmrc.gov.uk/employers/employee_pregnant.htm What if my Baby is Born Early or Late? 6.8 This does not affect your right to either paternity pay or leave. However, you should be aware that if your baby is born earlier than expected, you may still take your 2 weeks paternity leave up to the date 8 weeks after your baby was due, rather than born. How Do I Ensure that I Qualify for Paternity Leave? 6.9

You must write to SALSC 15 weeks before your partner‟s EWC, stating: (a) Your partner‟s EWC and the expected date of birth;

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(b) That you intend to take Paternity Leave; (c) The anticipated length of your Paternity Leave; (d) The date you intend to start your Paternity Leave; (e) Confirmation that you are eligible for Paternity Leave; (f) You can change your mind about the date you intend to start your Paternity Leave, but you must notify SALSC of the new date 28 days beforehand.

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SECTION 7: ADOPTION SPECIFIC QUESTIONS Who is Eligible for Adoption Leave? 7.1 This policy currently only covers the leave and pay rights where a child is matched and placed for adoption within the UK. The same measures will also be available where a child is adopted from overseas, although the detailed operation of the scheme will differ slightly for practical reasons. Before the Placement 7.2 Although it is not a statutory obligation for employees to notify their employer of their intention to adopt, it would be very helpful operationally for SALSC to know that an employee is hoping to adopt and that they have reached a stage in the process where placement of a child or children is anticipated. It is often the case that the individual or couple adopting get short notice that they have been matched to a child and so a note of your intention would be most beneficial in preparing cover for your period of adoption leave. When Does Adoption Leave Come into Force? 7.3 Both paid adoption leave and paid paternity leave are available to employees where an adoption agency notifies the adopter of a match with a child on or after 6 April 2003. 7.4 Adoption and paternity leave and pay are also available to employees where an adoption agency notifies the adopter of a match with a child before 6 April 2003, but the child is placed on or after 6 April 2003 (employees should note special notice arrangements will apply). Who Qualifies for Adoption Leave? 7.5 Adoption leave is only available to 1 partner of the adopting couple. The other partner (male or female) is entitled to “Paternity Leave� and is referred to here as the Supporting Carer. 7.6 Following the placement of a child for adoption, the newly introduced rights to paternity leave and pay give eligible employees the right to take paid leave to help care for their new child or support the adopter. In the case of adoption, both male and female employees may be eligible for paternity leave, depending on the circumstances of the adoption. PRIME CARER 7.7 The new rights to adoption leave and pay entitle eligible employees to take paid leave when a child is newly placed for adoption. Adoption leave and pay are available to: (a) Individuals of either gender who adopt; (b) One member of a married couple where the (The couple must choose which partner takes adoption leave);

couple

adopt

jointly

(c) The partner of an individual who adopts, or the other member of a couple who are adopting jointly, may be entitled to paternity leave and pay. 7.8

To qualify for adoption leave, an employee must:

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(a) Be newly matched with a child for adoption by an adoption agency; (b) Have worked continuously for SALSC for 26 weeks ending with the week in which they are notified of being matched with a child for adoption. 7.9 Employees should note that adoption leave and pay is not available in circumstances where a child is not newly matched for adoption, for example when a stepparent is adopting a partner‟s child or children. SUPPORTING CARER 7.10

In order to qualify for “paternity leave”, you must satisfy the following conditions:

(a) You must have or expect to have responsibility for the child‟s upbringing; (b) You must be the adopter‟s spouse or partner; (c) You must have worked continuously for SALSC for 26 weeks ending with the week in which the adopter is notified of being matched with a child; (d) You may be of either gender. 7.11 Employers can ask their employees to provide a self-certificate as evidence that they meet these eligibility conditions. Notice of Intention to Take Adoption Leave PRIME CARER 7.12 You are required to inform SALSC of your intention to take adoption leave within 7 days of being notified by the adoption agency that you have been matched with a child for adoption, unless this is not reasonably practicable. 7.13

You need to write to SALSC telling us:

(a) When the child is expected to be placed with you; (b) When you want your adoption leave to start. 7.14 You can change your mind about the date on which you want the leave to start providing you have told us least 28 days in advance (unless this is not reasonably practicable). You must also tell us the date you expect any adoption leave payments to start at least 28 days in advance, unless this is not reasonably practicable. 7.15 As an employer, we have 28 days in which to respond to your notification of your leave plans. SALSC must formally write to you, setting out the date on which we expect you to return to work, if the full entitlement to adoption leave is to be taken. SUPPORTING CARER

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7.16 You must inform SALSC of your intention to take paternity leave (in writing) within seven days of the adopter being notified by their adoption agency that they have been matched with a child, unless this is not reasonably practicable. 7.17

In your letter, you must tell us:

(a) The date on which the adopter was notified of having been matched with the child; (b) When the child is expected to be placed; (c) Whether you wish to take one or two weeksâ€&#x; leave; (d) When you want your leave to start. 7.18 You can change your mind about the date on which you want your leave to start providing you tell us 28 days in advance (unless this is not reasonably practicable). Matching Certificate PRIME CARER 7.19 It is a requirement that employees give their employer documentary evidence from their adoption agency as evidence of their entitlement to SAP. Employers can also ask for this as evidence of entitlement for adoption leave. Your matching certificate will include the following information: (a) Name and address of adopter; (b) Name and address of adoption agency; (c) The date on which the match was made; (d) The date on which the agency expects to place the child or, the date on placement actually occurred. 7.20 SALSC will require to see this certificate prior to you commencing your adoption leave and to ensure prompt payment of adoption pay. If this is not reasonably practicable, you must ensure that we see this certificate as soon as possible after placement. SUPPORTING CARER 7.21 You must give us a completed self certificate as evidence of your entitlement to statutory paternity leave and pay. The self-certificate must include a declaration that you meet certain eligibility conditions and provide the information specified above as part of the notice requirements. By providing a completed self certificate, employees can satisfy both the notice and evidence conditions for paternity leave and pay. Employers are not expected to carry out any further checks. How Long Does the Leave Last? PRIME CARER

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7.22 Adoption Leave for the Prime Carer lasts for 52 weeks in total - 26 weeks paid leave (ordinary adoption leave), followed by a further 26 weeks of unpaid leave (additional adoption leave). SUPPORTING CARER 7.23 Eligible employees are entitled to choose to take either one week or two consecutive weeks‟ paid paternity leave. You cannot take paternity leave as odd days. 7.24

You can choose to start your leave:

(a) From the date of the child‟s placement (whether this is earlier or later than expected), or (b) From a chosen date which is later than the date on which the child is expected to be placed with the adopter 7.25 Leave can start on any day of the week on or following the child‟s placement but must be completed within 56 days of the child‟s placement. Only one period of leave is available to employees irrespective of whether more than one child is placed together. Employees should note that adoption related paternity leave and pay is not available in circumstances where a child is not newly matched for adoption, for example when a step-parent is adopting a partner‟s child or children. When Can the Leave Start? 7.26

Employees who are eligible to take adoption leave can choose to start their leave:

(a) From the date of the child‟s placement (whether this is earlier or later than expected), or from a fixed date which can be up to 14 days before the expected date of placement. (b) Adoption leave can start on any day of the week. (c) Only one period of leave is available irrespective of whether more than one child is placed for adoption as part of the same arrangement. (d) If the child‟s placement ends during the adoption leave period, for one of a variety of reasons, adoption leave can continue for up to eight weeks after the incident that ends the placement, if eight weeks of leave remain. (This time is given to reflect the trauma suffered by the placement ending). What Happens in the Event of the Placement Ending? 7.27 If the child‟s placement ends during the adoption leave period, for one of a variety of reasons, adoption leave can continue for up to eight weeks after the incident that ends the placement, if eight weeks of the leave period still remains. This time is given to reflect the trauma you may suffer by the placement ending. What Will I be Paid? PRIME CARER 7.28 All employees who meet the full criteria for eligibility to take Statutory Adoption Leave (i.e. those with 26 weeks service on the date they are given notification of matching) are entitled to receive Page 23 of 30 Ratified at 06/04/10 Board Meeting


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Statutory Adoption Pay for the first 26 weeks of their leave. The remaining 26 weeks will be unpaid. The rate changes at least annually. For the current rate check http://www.hmrc.gov.uk/employers/employee_pregnant.htm 7.29 Statutory Adoption Pay (SAP) is paid by employers for up to 26 weeks. For your information, the rate of Statutory Adoption Pay is the same as the standard rate of Statutory Maternity Pay – The rate changes at least annually. For the current rate check http://www.hmrc.gov.uk/employers/employee_pregnant.htm 7.30 However, if you have average weekly earnings below the Lower Earnings Limit for National Insurance Contributions, you do not qualify for SAP. You should contact your adoption agency, as you may be able to receive financial support in relation to their adoption payment. Additional financial support may be available through Housing Benefit, Council Tax Benefit or Tax Credits. Further information is available from your local Jobcentre Plus or Social Security office. SUPPORTING CARER 7.31 All employees who meet the full criteria for eligibility to take Statutory Paternity Leave are entitled to receive Statutory Paternity Pay. The rate changes at least annually. For the current rate check http://www.hmrc.gov.uk/employers/employee_pregnant.htm .

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SECTION 8: PARENTAL LEAVE POLICY 8.1 Parental leave is a right to take time off work to look after a child or make arrangements for the child's welfare. Parents can use it to spend more time with their children and to strike a better balance between their work and family commitments. The following details give a brief overview of the parental leave guidelines: (a) Parental leave is unpaid, and can be taken by both Mothers and Fathers. (b) It can be taken by employees who have a baby or adopt a child on or after 15 December 1999 and who have completed one year‟s qualifying service with SALSC by the time they wish to take the leave. Parental leave lasts 13 weeks in total for each child, 18 weeks for a disabled child. (c) The leave can be taken in short or long blocks no shorter than one week, (except for disabled children where the leave may be taken in days), at any time up until the child‟s 5 th birthday, up to the child‟s 18th birthday for a disabled child and up to five years after the child is placed for adoption. 8.2 The maximum number of weeks, which may be taken in any year, is 4 weeks. For further information on parental leave, please contact the Chair.

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APPENDIX A: ANNUAL HOLIDAY ENTITLEMENT – APPLICTION FORM

NAME OF EMPLOYEE:

FOR YEAR COMMENCING:

ENTITLEMENT FOR CURRENT YEAR:

+ DAYS CARRIED FORWARD FROM LAST YEAR:

= TOTAL DAYS LEAVE ALLOWED FOR THIS YEAR:

Date From - Total No of Annual To days Leave

Statutory Days

Signed

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Approved

Total No. of days to Date


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APPENDIX B: SICKNESS SELF CERTIFICATION FORM Please use block capitals to complete this form

NAME OF EMPLOYEE:

DETAILS OF ABSENCE

Days Absent from work: ___________________

Date From: __________________________

To: ______________________________

REASON FOR ABSENCE (unwell is not acceptable)

_______________________________________________________________________ I certify that I was incapable of work because of my sickness / injury on the dates shown above and that this information is true and accurate. I acknowledge that any false information will result in disciplinary action. I hereby give my employer permission to verify the above information. Signature (of Employees Member):

Date: _____________

Signature: (of Chair):

Date: _____________

CONDITIONS OF SELF CERTIFICATION Employees may certify their absence through illness from work by the submission of this self-certified Certificate of Illness. This Certificate does not need to be signed by a Medical Practitioner and is valid for one week (5 consecutive days). It is NOT valid for:Absence though illness for more than the specified number of consecutive days; The certificate cannot be accepted if submitted more than two weeks following the date of illness. Absence through illness for periods longer than the specified number of consecutive days must be supported by a medical certificate which has been authorised by a medical practitioner. Absence for reasons other than illness can only be allowed after a request has been approved by the Chair. Page 27 of 30 Ratified at 06/04/10 Board Meeting


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APPENDIX C: GENERAL QUESTIONS FOR ALL LEAVE TYPES What Happens if Sickness Prevents me from Returning to Work at the End of my Leave? 1.1 Provided that you submit a doctorâ€&#x;s certificate, you will be treated as being on sick leave and paid accordingly. What Happens to my Pension? 1.2

Contact your pension fund directly for more information.

What Happens if I Wish to Resign During Maternity Leave? 1.3 You can resign at any time during your maternity leave, subject to the required period of notice given in your Contract of Employment. The Chair will then confirm any leave/pay entitlements you have as a leaver. Will my Pay be Taxed When I am on Leave? 1.4 Maternity, Paternity and Adoption pay is subject to PAYE income tax and National Insurance contributions just like your normal salary. Does my Maternity Leave or Adoption Leave Period Count Towards my Length of Service? 1.5 Yes, you will retain continuity of service. Your whole period of maternity or adoption leave will be taken into account when calculating your reckonable service for additional annual leave entitlement; sickness allowance and further maternity leave periods. What Happens About Annual Leave and Public Holidays? 1.6 You will continue to accrue your annual leave entitlement during your maternity leave, up to a maximum of 20 days (pro rata for part-time workers in line with the requirements of the Working Time Regulations. You will also accrue any public holidays that occur during the time you are on paid maternity or adoption leave. You will be able to take this leave at some time on your return to work, following the normal procedures and with agreement from the Chair. Can I Lose Out on Statutory Maternity (Payment) SMP, Paternity Leave, Statutory Adoption Payment (SAP) or Additional Payments? 1.7

You can lose out on payments if: (a) You do not satisfy the employment rule; (b) Your average weekly earnings are below the lower earnings limit for National Insurance purposes; (c) You give late notification of your maternity absence; (d) You do not provide medical evidence of your pregnancy; (e) You are taken into legal custody. Page 28 of 30 Ratified at 06/04/10 Board Meeting


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What Happens about the Performance Management Scheme and Pay Reviews When I am on Maternity or Adoption Leave? 1.8 You will not be penalised in terms of the Performance Management Scheme for being on Maternity or Adoption Leave – you will be assessed on the time you have actually been present at work during the year under review. This means that you will be assessed on the work you have been involved in before or after your Maternity or Adoption Leave period. This Leave period may straddle two performance years and you will be assessed accordingly on the work done in each year. Everything will be assessed as if it were for a whole year. This means that your achievements, work performance and behaviour will be assessed as it would for any other employee and will warrant the appropriate marking. 1.9

Your salary increase will be assessed as usual, subject to the usual terms and conditions.

What Happens to my General Terms and Conditions of Employment? 1.10 During Maternity & Adoption Leave, you are entitled to the benefit of your normal terms and conditions of employment, with the exception of remuneration. 1.11 During the period of unpaid additional maternity or adoption leave, the employment contract continues and some contractual benefits and obligations remain in force, for example, compensation in the event of redundancy and notice periods. For further details, please contact the Chair. 1.12 All employees are protected from suffering detriment or unfair dismissal for reasons related to taking, or seeking to take, adoption leave. Employees who believe they have been treated unfairly have the right to lodge a complaint with the employment tribunal. Can I Take Extra Time Off Work? 1.13 You may use your annual leave entitlement and/or any accrued flexi leave or TOIL to extend your period of time off work to be with your partner and baby. All normal procedures for requesting time off must be followed and it can only be taken with agreement from the Chair. What Happens About Returning to Work? MATERNITY 1.14 Due to changes in the legislation, SALSC is now legally obliged to write to you confirming the last possible day of your Maternity Leave period. We must write within 28 days of receiving your letter indicating the intended Maternity Leave start date, on noting an absence triggered start to your Maternity Leave, or on receiving notification of the birth of your baby. 1.15 If you intend to return to work at the end of your 26 weeks of Ordinary Maternity Leave, legally you do not need to inform SALSC of this intention. However, as employers, we do encourage employees to keep in contact with us throughout their maternity leave and so a verbal or short written indication of your intention would be much appreciated. This will help us to ensure the smooth running of your department in your absence and on your return to work. 1.16 However, if you wish to return to work before the end of the 26-week maternity leave period, you must give SALSC 28 days written notice of your intended return to work date. Page 29 of 30 Ratified at 06/04/10 Board Meeting


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1.17 If you decide that you do not wish to return to work for SALSC, you may resign at any time subject to the notice period given in your Contract of Employment ADOPTION 1.18 If you intend to return to work at the end of your 52 weeks of Adoption Leave, legally you do not need to inform us of this intention. However, as employers, we do encourage employees to keep in contact with us throughout their adoption leave and so a verbal or short written indication of your intention would be much appreciated. This will help us to ensure the smooth running of your department in your absence and on your return to work. 1.19 However, if you wish to return to work before the end of the 52-week leave period, you must give us 28 days written notice of your intended return to work date. 1.20 If you decide that you do not wish to return to work for SALSC, you may resign at any time subject to the notice period given in your Statement of Particulars. 1.21 However, if you were eligible to receive full pay for the first 26 weeks of your adoption pay period, you will have signed a form confirming that you intend to return to work for SALSC. If you do not return to work after the birth of your baby for a period of at least three calendar months, you will be required to pay back to SALSC the difference between your full salary and Statutory Adoption Pay entitlements. Time Off for Ante Natal Care and Classes 1.22 If it is you that is pregnant, throughout your pregnancy you will have regular care, scans and appointments, either at a hospital antenatal clinic or with your own GP or practice midwife. You have a legal right to reasonable time off work, with pay, to attend appointments and we would ask that you can produce evidence of these appointments should it be required. This entitlement to time off is applicable to all pregnant employees, whatever their length of service with SALSC. 1.23 Preparation for labour and parent craft classes are also normally available, usually within the last three months of pregnancy. You will also, while still working, be granted time off with pay to attend these classes. 1.24 If it is your Partner who is pregnant, she will have regular care, scans and appointments at a hospital antenatal clinic or with your own GP or practice midwife. Preparation for labour and parent craft classes are also normally available to couples, usually within the last three months of pregnancy. 1.25 You do not have a legal right to time off work to attend these appointments or classes with your partner. However, you can your use annual leave or TOIL entitlements or make use of SALSCâ€&#x;s flexible working patterns to accompany your partner and requests for time off should be made in the usual way.

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/SALSC_Leave_Entitlement_Policy  

http://www.salsc.org.uk/htdocs/pdf/Policies%20and%20Procedures/SALSC_Leave_Entitlement_Policy.pdf

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